Linturi Handed Relief Ahead Of Vetting Of Ruto's CSs By Parliament
The 36-year-old woman had accused the former Meru senator of attempting to rape her at Maiyan Villas Hotel in Nanyuki on January 30, 2021.
Marvin Chege 
Agriculture Cabinet Secretary nominee Mithika Linturi was handed a reprieve after a woman who had accused her of attempted rape withdrew her case against him on Monday, October 3.
The 36-year-old woman had accused the former Meru senator of attempting to rape her at Maiyan Villas Hotel in Nanyuki on January 30, 2021. She had claimed that Linturi had entered a room she was sharing with her husband in the hotel and attempted to rape her when her husband was away.
Chief Magistrate Susan Shitubi had allowed the withdrawal of the case under Section 40 of the Sexual Offences Act after the Director of Public Prosecutions (DPP) confirmed that they were aware of the agreement details between the two.
Meru Senator Mithika Linturi in a Nakuru Court on January 10, 2022, when he was arraigned over 'Madoadoa' remarks made during a rally in Eldoret. /CAPITAL GROUP
According to Linturi’s lawyer Muthomi Thiankolu, the woman swore an affidavit on Wednesday, September 21 which confirmed that they had held discussions over the matter and agreed to withdraw the case.
State Counsel Nyakira Kibera also confirmed to the court that she had agreed to withdraw the complaint and the proceedings against him.
Nyakira added that the DPP had received the affidavit sworn by the complainant and was amenable to the withdrawal of the complaint and their proceedings on the terms proposed by Lawyer Thiankolu
The woman revealed to the court that there was an agreement between her and Linturi. This was after she was examined by the prosecution on her voluntary decision to withdraw the complaint.
She added that she was not willing to raise it or any other claim against the accused persons in future.
The court further directed that the Ksh200,000 that was paid as cash bail by Linturi be released to him and also the Ksh200,000 taken from him by police as an exhibit.
The state shall also release to the complainant and prosecution witness mobile phones that it took from them and withheld for use as exhibits.
The withdrawal comes ahead of Linturi's vetting by the National Assembly and is a blow to the Azimio la Umoja coalition which had directed their Members of Parliament to withdraw the approval of Cabinet Secretaries (CS) who were nominated by President William Ruto and have pending legal cases.
Speaking during a press briefing on Friday, September 30, Wiper leader Kalonzo Musyoka revealed that the nomination was not done procedurally and that it had ignored competencies as well as personal integrity.
"Nomination was not procedurally done, on the basis of competencies and personal integrity and we shall direct our MPs to withhold approval of those who do not meet the Chapter Six threshold of our Constitution," he said.
Some of the nominees include former Malindi MP Aisha Jumwa who was nominated as CS for Public Service and Gender. In 2019, Jumwa was charged with murder over the death of Gumbao Jola in Ganda, Malindi Constituency.
The vetting is expected to begin on Tuesday, October 4 at 2:30 p.m when both the National Assembly and Senate begin their order of business.
